Los Angeles D.A. to ‘reevaluate’ Menendez brothers’ convictions

Los Angeles County District Attorney George Gascón addressed the public Thursday amid calls for his office to reexamine the convictions of Erik and Lyle Menendez, who were found guilty of killing their parents in August 1989.

Gascón said his office plans to do just that.

“I want to be very clear, we have not conceded one way or the other,” he said. “We’re not saying that there was anything wrong with the original trial. We have been given evidence.”

The new evidence in question involves a letter purportedly written by Erik Menendez months before the killings that details alleged sexual abuse committed by their father, Jose Menendez.

Although he said he believed that the Menendez brothers had been proven to be responsible for the murders, the discovery of that new evidence, as well as shifting public perception regarding sexual abuse, warranted a reevaluation of their sentences.

“We are not ready to say that we either believe or do not believe that information, but we’re here to tell you that we have a moral and an ethical obligation to review what is being presented to us and make a determination based on a resentencing side,” Gascón said.

He added that his office will attempt to determine if the new evidence would have led to a different judgment had it been presented at the time, as well as whether or not the two men have “paid back their dues to society.”

The brothers’ attorney, Mark Geragos, filed a habeas petition last year seeking their release or resentencing on those grounds and arguing that they’ve been rehabilitated in prison.

The two brothers have spent nearly 35 years in prison for killing their parents, Jose and Kitty Menendez, in one of the most high-profile American crime cases of the 20th Century.

On Aug. 20, 1989, Jose and Kitty were brutally murdered, shot multiple times with a shotgun inside their Beverly Hills home.

In the months that followed, the brothers went on lavish shopping sprees, spending hundreds of thousands on cars, watches, sporting events , restaurants, and international and domestic trips. Lyle even famously purchased a New Jersey restaurant.

They were eventually arrested in March 1990 after Erik confessed to his therapist about the killings.

Public opinion toward the Menendez brothers initially skewed in favor of their eventual harsh sentences as prosecutors painted them as affluent children who were motivated by greed and desperate to receive their inheritance.

Erik and Lyle, meanwhile, have long maintained that they were victims of sexual abuse at the hands of their father, claims that were not allowed to be presented during their second trial, which ultimately led to their life sentences.

Advocates have accused the prosecutors in the second trial of attempting to paint a narrative that boys and young men can’t be victims of sexual abuse.

Gascón said unequivocally that “both men and women can be the victims of sexual assault,” highlighting efforts from his office to raise awareness about the crimes.

The discovery of the alleged Erik Menendez letter, found by journalist Robert Rand while researching the case, may be the best evidence to date that corroborates the boys’ claims.

Gascón said his office has received a photocopy of that letter.

Additionally, Roy Rosello, a former member of the Puerto Rican boy band Menudo, came forward to accuse Jose Menendez of sexual abuse when he was an executive at RCA Records.

Gascón said that he’s aware of that claim, but stressed none of the specifics have been confirmed.

“I don’t know yet the validity of all the evidence that was presented as opposed to the evidence that was not presented,” he said. “I’m not here to make judgment on that, but there is no question that today would have been a greater level of sensitivity to the way the case was looked at.”

If the Menendez brothers are re-sentenced under California law, they face an array of outcomes, including receiving a new trial or an adjusted sentence length, as well as the possibility of being released.

Gascón said the track record for re-sentenced individuals speaks for itself. “Since I’ve been in office, we have re-sentenced over 300 people,” he said. “Of those, only four have reoffended, which is probably one of the lowest recidivism rate of any group that I’m aware of.”

He said a hearing regarding the case will take place on Nov. 29 to determine the next steps.

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